TM
1
3900-A2-GE11-11
Firmware License Agreement
Supplement
28.8 Kbps Proprietary Modulation
Feature 3900-D1-08X
3900-A2-GE11-11
November 1996
RETAIN THIS DOCUMENT.
IT CONTAINS IMPORTANT INFORMATION FOR SERVICE.
THIS AGREEMENT SUPPLEMENT CONTAINS THE PARADYNE CORPORATION LIMITED USE FIRMWARE
LICENSE TERMS FOR THE 3900 28.8 Kbps Proprietary Modulation Feature 3900-D1-08X (HEREINAFTER THE
“FIRMWARE”).
YOU SHOULD READ THE TERMS AND CONDITIONS OF THIS AGREEMENT SUPPLEMENT BEFORE
YOU USE THE FIRMWARE. ONCE YOU HAVE READ THIS LICENSE AGREEMENT SUPPLEMENT AND
AGREE TO ITS TERMS, YOU MAY USE THE FIRMWARE. BY USING THE FIRMWARE, YOU SHOW
YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT SUPPLEMENT.
IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS LICENSE AGREEMENT
SUPPLEMENT, PROMPTLY RETURN THE UNUSED FIRMWARE, WITH THE PACKAGING SEALS UNBROKEN,
AND YOUR SALES RECEIPT OR INVOICE TO THE LOCATION WHERE YOU OBTAINED THE FIRMWARE OR THE
LOCATION FROM WHICH THE FIRMWARE WAS SHIPPED TO YOU, WHICHEVER IS APPLICABLE, AND YOU WILL
RECEIVE A REFUND OR CREDIT FOR THE FIRMWARE LICENSE FEE.
The terms and conditions of this Agreement Supplement will apply to the Firmware supplied herewith and derivatives
obtained therefrom, including any copy. If you have executed a separate written agreement covering the Firmware
supplied herewith, such written agreement will govern.
1. TITLE AND LICENSE GRANT
a. The Firmware is copyrighted and/or contains proprietary information protected by law. All Firmware, and all copies thereof, are
and will remain the sole property of Paradyne or its suppliers. Paradyne hereby grants you a personal, non-transferable and
non-exclusive right to use the Firmware on a single machine. Any other use of the Firmware shall automatically terminate this
license.
b. Use of the Firmware anywhere except in the United States may, in addition to the terms and conditions of this License
Agreement Supplement, be subject to the terms and conditions of a separate written agreement signed by the user.
c. You agree to use your best efforts to see that any user of the Firmware complies with the terms and conditions of this License
Agreement Supplement, and refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a
source code equivalent of the Firmware.
2. FIRMWARE USE
a. You are permitted to make a single archive copy, provided the Firmware shall not be otherwise reproduced, copied, or disclosed
to others in whole or in part. Any such copy shall contain the same copyright notice and proprietary marking, including diskette
markings, appearing on the original Firmware.
b. The Firmware
(1) together with any archive copy thereof, shall be either returned to Paradyne or destroyed when no longer used in
accordance with this License Agreement Supplement, or when the right to use the Firmware is terminated; and
(2) shall not be removed from a country in which use is licensed.
For factory use only
For factory use only
Sales Order Number
Date Received
Serial Number
Please record information below:
2
3900-A2-GE11-11
3. TERM
This license is effective until terminated. You may terminate it at any time by destroying the Firmware and documentation and any
copies thereof. It will also terminate automatically if you fail to comply with any of the terms and conditions of this Agreement
Supplement.
4. LIMITED WARRANTY
a. Paradyne warrants that the Firmware will be in good working order when delivered, and will replace without charge, any
Firmware which is not in good working order if returned to the location where you obtained it or the location from which it was
shipped to you, as applicable, within 60 days after installation. At its option, Paradyne may refund the license fee for the
Firmware rather than replacing it.
b. Paradyne does not warrant that Firmware operation will be error-free or uninterrupted in your operating environment.
c. Paradyne has used reasonable efforts to minimize defects or errors in the Firmware. HOWEVER, YOU ASSUME THE RISK OF
ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE FIRMWARE.
d. Unless a separate agreement for firmware maintenance is entered into between you and Paradyne, Paradyne bears no
responsibility for supplying assistance for fixing errors or for communicating known errors to you pertaining to the Firmware
supplied hereunder.
e. YOU UNDERSTAND THAT, EXCEPT FOR THE LIMITED WARRANTY RECITED ABOVE, PARADYNE, ITS PARENT
COMPANY, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty
lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other
rights which vary from one state or jurisdiction to another.
5. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES
a. YOU AGREE THAT YOUR SOLE REMEDY AGAINST PARADYNE, ITS PARENT COMPANY, AFFILIATES,
CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE
FIRMWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT OF THE FIRMWARE, PROVIDED SUCH
FIRMWARE IS RETURNED TO PARADYNE WITH A COPY OF YOUR SALES RECEIPT OR INVOICE. THIS SHALL BE
EXCLUSIVE OF ALL OTHER REMEDIES AGAINST PARADYNE, ITS PARENT COMPANY, AFFILIATES, CONTRACTORS,
SUPPLIERS OR AGENTS, EXCEPT FOR YOUR RIGHT TO CLAIM DAMAGES FOR BODILY INJURY TO ANY PERSON.
b. Regardless of any other provisions of this Agreement Supplement, neither Paradyne nor its parent company, affiliates,
contractors, suppliers or agents shall be liable for any indirect, incidental, or consequential damages (including lost profits)
sustained or incurred in connection with the use, operation, or inability to use the Firmware or for damages due to causes
beyond the reasonable control of Paradyne, its parent company, affiliates, contractors, suppliers and agents or attributable to
any service, products or action of any other person or company.
c. This Agreement Supplement shall be construed in accordance with and governed by the laws of the State of Florida.
6. CHARGES AND USE
The charge specified by Paradyne for your use of the Firmware is determined by the Machine Group (MG) of your Geneva 3900 as
indicated below:
Machine Groups
Machine Group Description
MG-10 Paradyne 3910-A1-40X
MG-11 Paradyne 3911-B1-00X
Software License Feature
Machine Group Models
3900-D1-08X 3910-A1-40X
3900-D1-08X 3911-B1-00X
IF YOU USE THE FIRMWARE TO SUPPORT A MODEL IN A DIFFERENT MACHINE GROUP THAN ORIGINALLY AGREED
UPON, YOU MUST OBTAIN ANOTHER LICENSE AND PAY AN ADDITIONAL LICENSE FEE AS SET FORTH IN PARADYNE’S
THEN CURRENT PUBLISHED PRICE LIST AND POLICIES FOR THE FIRMWARE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT SUPPLEMENT AND UNDERSTAND IT, AND THAT BY
USING THE FIRMWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. YOU FURTHER AGREE
THAT, EXCEPT FOR ANY SEPARATE WRITTEN AGREEMENTS BETWEEN PARADYNE AND YOU, THIS AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
COMMUNICATIONS BETWEEN PARADYNE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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